Legal Opinion

Sharlene Hampton Lewis v. U.S. Bank National Association

District Court of Appeal of Florida

Decided March 9, 2016No. 4D14-815PublishedCited by 2 opinions

1Opinion of the Court

ON MOTION FOR REHEARING

2Per curiam

We grant appellant’s motion for rehearing, withdraw our per curiam affirmance, and enter the following opinion.

In 2008, appellee bank filed a foreclosure action and included a count seeking'to reestablish a lost note. No copy of the original note was attached to the complaint. The case went to trial in 2014. The endorsements on an allonge to the note were undated and the bank’s witness could not testify when the endorsements were placed on the allonge. The bank’s reliance on a pooling and servicing agreement was insufficient to establish the bank’s standing to bring…

3Cases cited3 opinions

  1. Sherman Balch and Annmarie Balch v. LaSalle Bank N.A.District Court of Appeal of Florida · 2015
  2. Debra Jarvis v. Deutsche Bank National Trust CompanyDistrict Court of Appeal of Florida · 2015
  3. Manuel C. Perez and Theresa Perez v. Deutsche Bank National Trust CompanyDistrict Court of Appeal of Florida · 2015

4Cited by2 opinions

  1. Bolous v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2016
  2. Deutsche Bank National Trust Co. v. MarcianoDistrict Court of Appeal of Florida · 2016

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